News, News commentary, and Documentary Guidelines
Red Deer College has a license for copying and showing radio and television programs in the classroom.
No royalty is payable for taping a single copy of a news program or news commentary program provided that the copy is destroyed within one year after the making of such copy. This royalty exception does not apply to other programs such as documentaries or feature films.
To determine whether a royalty is payable, educators may refer to the following guidelines, which are intended to assist in distinguishing between the three categories of program. These guidelines were developed in cooperation with the Educational Rights Collective of Canada (ERCC) and representatives of elementary, secondary, and postsecondary educational institutions.
1. A news program is a program reporting on local, regional, national, and international events as they happen, and includes weather reports, sportscasts, community news, and other related features or segments contained within the news program. Examples are: The National, Ontario Ce Soir, BBC World Report.
2. A news commentary program is a program containing discussions, explanations, analysis, observations, or interpretations of the news and having a preponderance of the following elements: "talking head(s)"; minimal editing; minimal "shelf life" in its original form; and, if in interview or panel discussion format, unscripted responses. Examples are: As it Happens, Studio 2, The Editors, Larry King Live.
3. Other programs are programs that are not news or news commentary programs. Feature films and documentaries are examples of other programs. A documentary is a socially relevant program with a creative vision and/or viewpoint and with a preponderance of the following elements: significant research and preparation; pre-scripting; significant editing; and significant "shelf life." Examples are: Life & Times, The Nature of Things, Rex Murphy, Les affaires et la vie, D'un soleil a l'autre. A tariff must be paid if such programs are taped and shown in class. Please contact Kristine Plastow if you have any questions about this.
Special attention is needed in classifying so-called "news magazine" programs such as 48 Hours and 20/20, which can be either news commentary programs or documentaries. The above guidelines are intended to assist educators in distinguishing between the two categories.